Municipal authorities must strictly enforce town planning laws and act promptly on citizen reports of unauthorized constructions as mandated by the TG-bPASS Act and Telangana Municipalities Act, without granting equitable relief to violators.

ORDER:

This writ petition is filed questioning the in action of respondent Nos.2 to 4 (despite issuance of show cause notice and forwarding orders) on the petitioner’s representations as being illegal, arbitrary, unconstitutional, and violative of the principles of natural justice. A consequential prayer is sought to direct the respondent Nos.1 to 4 to consider the representations of the petitioner dated 09.02.2026, 16.03.2026 in accordance with Section 4 of Telangana Assigned Lands (Prohibition of Transfers) Act, 2007 and under Sections 178 , 180 and 181 of the Telangana Municipalities Act, 2019.

2. Brief facts of the case as stated are the petitioner claims to be the absolute owner and possessor of the house bearing No.45-12-382 to an extent of 113.00 square yards situated at Gareeb Nagar, Goreekunta Village, Geesugonda Mandal, Warangal district by virtue of proceedings No.B/278/2015 dated 06.12.2020. It is further submitted that one Polepaka Manikyam who was also an assignee of a portion of the assigned land illegally sold a portion of his assigned land to 5th respondent vide registered sale deed dated 09.01.2025 to an extent of 50 square yards, in which 5th respondent has unlawfully constructed a building (G+1 house) on the said illegally acquired land without obtaining any valid building permissions, sanctions, approvals from the municipal or revenue authorities. It is further submitted that the 5th respondent has encroached upon the assigned land of petitioner to an extent of 15 square yards by fake and fabricated registered documents. Aggrieved by the said illegal encroachment and construction, petitioner made detailed representations dated 09.02.2026 and 16.03.2026 to the respondent authorities regarding encroachment of respondent No.5 into petitioner’s property and illegal construction being undertaken by him. But till date, the said representations are not acted upon by the respondent authorities. As such, the present writ petition is filed.

3. Learned counsel for the petitioners submits that since petitioner’s representations are still pending for consideration, the respondent authorities may be directed to consider the same and take action in a time bound period.

4. On the other hand, Mr. Pasham Mohith, learned Standing Counsel for Municipalities appearing on behalf of respondent Nos.2 would submit that a show cause notice dated 03.03.2026 has already been issued to respondent No.5 pursuant to the petitioner’s representation and appropriate action would be taken in due course of time.

5. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent No.2 and perused the material made available on the record.

6. Since this Court, time and again, directed the Municipal Authorities to initiate action against the illegal constructions by following due process of law, it is noticed that the authorities are failing to initiate action against the illegal constructions. However, in some of the cases, authorities are issuing statutory notices and thereafter not proceeding further to initiate further course of action unless writ petitions are filed for not considering complaints/ representations made to civic authorities.

7. It is not out of place to mention Section 7(6) of the Telangana State Building Permission Approval and Self Certification System (TS bPASS) Act, 2020 (fo